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If non-custodial parent moves out of California, is he still entitled to see have our daughter 9% of the year?

Hemet, CA |

Non-custodial parent is moving out of state due to a financial downfall. He currently has our daughter the 1st and 3rd Sat/Sun of every month.

Child is 3 years of age

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Attorney answers 3


The visitation schedule is likely to change, however assuming the only thing that has changed is dads location, then Dad would still be entitled to some visitation. Whether it would be exactly the same amount would depend on what is in the child's best interest and logistics.


I agree with the other attorney’s answer. The court is generally interested in maintaining consistent and enduring contact between parent and child. Just because the non-custodial parent is moving away, does not mean that parent’s visitation with the child automatically ends. It will, however, require more creativity to figure out a visitation schedule. Alternating weekends may prove more difficult for an out of state parent. The other parent may request a modification to the existing order that is more reflective of the present circumstances.

This communication does NOT create an attorney-client relationship. This communication is intended for general informational purposes only. This information should not be relied upon, and is not intended as legal advice. Furthermore, the general information provided may not apply to different or more elaborate facts.


Just because the non-custodial parent moved out of state move does not mean his visitation rights vanish. The court would see it best to maintain consistent and continuing contact with both parents. The schedule, however, is going to need some modification, as the current schedule will most likely not be feasible due to the distance between the two of you.

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